Female workers go through certain phases in their lives that require extra care and consideration by the employer. This includes pregnancy and having a baby, which may be followed by the need to pump breast milk throughout the day.
Workers that are lactating have the right to seek breastfeeding accommodations, no matter what they do for a living. Unfortunately, some employers do not respect a woman’s rights or state and federal laws that prohibit discrimination against pregnant and lactating workers. As a result, a woman who has recently given birth may find herself out of a job. Those who were wrongfully fired because they were pumping breast milk during the workday may be eligible for a sex discrimination lawsuit, which you can learn about during a free consultation with one of our attorneys.
A Woman’s Right to Pump Breast Milk at Work
Pumping breast milk simulates what happens when a woman breastfeeds, thus stimulating her body to continue producing milk. Without regularly expressing breast milk, a lactating mother will experience considerable pain, and this is why a breast pump should be used every 2 to 3 hours. An employer must allow for additional time during the day that allows for lactation breaks. These times may coincide with breaks that are already provided to the worker according to state laws for meal and rest breaks. But new mothers may need to pump breast milk outside of these times.
Along with times allotted for lactation breaks, employers must provide a space where the worker can express their milk without intrusion from other coworkers. For some work settings, this may be a separate room, but there are other ways to create an area that’s clean, safe, and shielded from public view. The area must also have some form of seating for the employee and a table or other surface to place breast pumps and other lactation equipment. Employees must also have access to running water and electricity for powering the pump and washing the equipment, cleaning their hands, etc.
Breastfeeding Accommodation Rights in the Workplace
California’s Fair Labor Standards Act Section 1030 specifies that employees must be given adequate time during their shift for the purpose of pumping breast milk. The amount of time is obviously different from one person to another, but many employers allow for at least 20 minutes. You should use your regular break times for lactation purposes, but of course, you may need additional breaks in between these times. Please note your employer is not required to pay you for additional breaks outside of what is legally required by law.
Breastfeeding accommodations also include an area within the worksite that can be used for pumping breast milk. If your employer is forcing you to pump breast milk in the bathroom, this is illegal, so you have the right to demand another space.
Employees that are breastfeeding also have rights under federal regulation, like Title VII of the Civil Rights Act. This legislation includes an amendment known as the Pregnancy Discrimination Act of 1978. Under the PDA, sex discrimination includes pregnancy and childbirth, as well as medical issues related to these conditions.
So, if you are targeted for unfair treatment because you want to pump breast milk at work, you may be eligible for a labor law complaint against your employer. Unfair treatment includes firing someone based on pregnancy, taking maternity leave, or asking for lactation breaks. The laws in California also prohibit retaliation by employers, like firing a worker that complains about a supervisor denying additional time for lactation breaks.
One thing to note is that federal and state protections do not apply in every employment setting. Title VII and the PDA, for example, prohibit sex discrimination in places with 15 or more employees. But California has more progressive rights on behalf of workers, and as a result, protections under the California Fair Employment and Housing Act apply when the employer has at least 5 workers.
As a mother who is struggling to balance the demands of work and taking care of a baby, the idea of taking legal action against your employer can seem overwhelming. This is why you should contact a law firm that specializes in breastfeeding accommodations and other employment rights that affect working mothers. Our legal experts can investigate your case, locate evidence, and file the necessary paperwork. We can also negotiate with your employer or take your case to trial and secure the compensation you deserve as a wrongfully terminated employee.
For more information on suing your employer after being fired for pumping breast milk, don’t hesitate to give us a call.
Contact Our Team of Employment Discrimination Attorneys
Mothers in the workplace deal with considerable pressure to keep up with the demands of their job, while ensuring that they meet the physical and emotional needs of their children. This is particularly true during the first year of a baby’s life, when mothers must be given the right to pump breast milk on a schedule that’s recommended by their physician.
If you were fired, demoted, or subjected to other illegal treatment because you asked to pump breast milk at work, please talk to a member of our legal team as soon as possible. We can help you explore your right and legal options, which may include filing a lawsuit for pregnancy discrimination. If you wish to go ahead with a legal action, we will provide you a Zero Fee Guarantee, so you do not need to pay a single penny toward legal fees. Our payment is based on winning your case and receiving a portion of the recovered funds. That means if we do not settle the case in your favor, you pay absolutely nothing.
With nothing to lose, we hope you will take this opportunity to contact California Labor Law Employment Attorneys Group today. We look forward to speaking with you during a free consultation and helping you determine the best course of action.
